Bombay High Court
Vardhman Exports vs Johnlee Pharmaceuticals on 11 August, 2025
2025:BHC-OS:13202
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.25694 OF 2024
IN
COMMERCIAL IPR SUIT (L) NO.25528 OF 2024
Vardhman Exports & Ors. ....Applicants
IN THE MATTER BETWEEN
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
WITH
COMMERCIAL IPR SUIT NO.7 OF 2025
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
WITH
INTERIM APPLICATION NO.767 OF 2020
IN
COMMERCIAL IPR SUIT NO.7 OF 2025
Vardhman Exports & Ors. ....Applicants
IN THE MATTER BETWEEN
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
WITH
COURT RECEIVER'S REPORT NO.47 OF 2021
IN
COMMERCIAL IPR SUIT NO.7 OF 2025
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
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WITH
INTERIM APPLICATION (L) NO.6319 OF 2025
IN
INTERIM APPLICATION NO.767 OF 2020
Ela R Shah ....Applicant
IN THE MATTER BETWEEN
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
WITH
COMMERCIAL IPR SUIT (L) NO.25528 OF 2024
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
WITH
INTERIM APPLICATION (L) NO.25694 OF 2024
IN
COMMERCIAL IPR SUIT (L) NO.25528 OF 2024
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
WITH
LEAVE PETITION (L) NO.23277 OF 2025
IN
COMMERCIAL IPR SUIT (L) NO.25528 OF 2024
Vardhman Exports & Ors. ....Applicants
IN THE MATTER BETWEEN
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
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WITH
COURT RECEIVER'S REPORT NO.473 OF 2024
IN
COMMERCIAL IPR SUIT (L) NO.25528 OF 2024
Vardhman Exports & Ors. ....Plaintiffs
V/S
Johnlee Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants
_________
Mr. Atmaram S. Patade with Mr. Bhagwan Kasture,
Mr. Kunal Naik, Mr. Rahul R. Dubey, Mr. Akshay Adivarekar
for the Plaintiffs.
Mr. Ish Jain with Duj Jain, Ms. Krishma Shah, Mr. Sushant
Pandey and Ms. Aashvi Pandya i/b M/s. Kiran Jain & Co. for the
Defendant No.1.
Ms. Jayashri Manjrekar for Defendant No.2.
Mr. Deepak S. Bhalerao, Second Assistant to Court Receiver
present in Court.
__________
CORAM: SANDEEP V. MARNE, J.
DATE : 11 AUGUST 2025.
P.C.:
1. The learned counsel appearing for Plaintiffs in both the Suits tender the draft amendment which the Plaintiffs in Commercial IPR Suit (L) No.25528 of 2024 desires to incorporate in the plaint. The learned counsel appearing for the Defendants do not object the amendment being carried out. With the consent of the parties, Plaintiffs are permitted to amend the plaint in Commercial IPR Suit (L) No.25528 of 2024. Amendment to be carried out forthwith. Reverification is dispensed with.katkam Page No. 3 of 5 ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:27:55 :::
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2. The learned counsel appearing for Plaintiffs as well as the learned counsel appearing for Defendants would jointly submit that parties have amicably resolved the disputes amongst them.
Consent Terms are tendered in Commercial IPR Suit (L) No.25528 of 2024. As agreed in the Consent Terms, leave is granted under Section XIV of the Letters Patent (Bombay) to combine the cause of action relating to passing off with the cause of action relating infringement of trade marks. Leave Petition (L) No.23277 of 2025 is accordingly made absolute in terms of prayers made therein.
3. It is seen that the Consent Terms are signed by the constituted attorney for Plaintiff Nos.1 to 3 as well as by the Managing Director of Defendant No.1 and authorized representative of Defendant No.2. Signatories of the Consent Terms are personally present before the Court. They admit their signatures on the Consent Terms and also the contents thereof. Consent Terms are taken on record and marked 'X' for identification.
4. As agreed in paragraph 14 of the Consent Terms, Defendant No.1 has handedover a Demand Draft for Rs.15,00,000/- to the Plaintiffs, receipt whereof is acknowledged by the learned counsel appearing for the Plaintiffs.
5. As per the Consent Terms parties have also agreed to have Commercial IPR Suit No.7 of 2025 together with all pending katkam Page No. 4 of 5 ::: Uploaded on - 12/08/2025 ::: Downloaded on - 12/08/2025 21:27:55 ::: k 5/5 66 ial 25694.24 in comip l os.doc Interim Applications therein disposed of as per the Consent Terms.
6. Statements made in the Consent Terms are accepted as Undertakings to this Court.
7. Accordingly, Commercial IPR Suit (L) No.25528 of 2024 and Commercial IPR Suit No.7 of 2025 are disposed of in view of the Consent Terms. There shall be a decree in both the Suits as per the Consent Terms.
8. In view of disposal of the Suits, nothing would survive in the pending Interim Applications, Leave Petition, Court Receiver's Report and the same are also disposed of.
9. The Court Receiver shall stand discharged without passing of accounts. All costs, charges and expenses of the Court Receiver shall be paid by the Plaintiffs within a period of eight days from demand is raised by the office of the Court Receiver.
(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date:
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